2021 (6) TMI 163

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....ted 22.02.2019 passed by the Commissioner of Income Tax (Appeals)-3, Mumbai [hereinafter referred to as the "CIT(A)"] relevant to the A.Y. 2009-10. 3. The assessee has raised the following grounds: - "1. On the facts and circumstances of the case and in law, the Honorable Commissioner of Income Tax (Appeals) was not justified in holding that 12.5% of the alleged total suspicious purchases be disallowed. The learned AO had disallowed the total alleged suspicious purchases amounting to Rs. 49,72,735/-. The appellant craves leave to add and/or amend the grounds of appeal before or at the time of hearing." 4. The brief facts of the case are that the assessee filed its return of income on 23.09.2009 declaring total income....

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....5. We have heard the argument advanced by the Ld. Representative of the Department and has gone through the case carefully. The Ld. Representative of the revenue has argued that the revenue appeal for the same year i.e. 2009-10 has been dismissed by the Hon'ble ITAT by virtue of order dated 03.02.2021 in which the Hon'ble ITAT has confirmed addition of the bogus purchase @ 12.5% of the bogus purchase, therefore, the present appeal is liable to be dismissed. The copy of order dated 03.02.2021 is on the file in which the relevant finding is hereby reproduced as under.:- "6. After due consideration of factual matrix as enumerated in the preceding paragraphs, it is quite evident that the assessee was engaged in the business of civil co....

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....2762/Mum/2019 dated 03.02.2021, therefore, in the said circumstances, we dismiss the present appeal of the assessee. ITA. NO.3209/M/2019 7. The assessee has filed the present appeal against the order dated 22.02.2019 passed by the Commissioner of Income Tax (Appeals)-3, Mumbai [hereinafter referred to as the "CIT(A)"] relevant to the A.Y. 2010-11. 8. The assessee has raised the following grounds: - " 1. On the facts and circumstances of the case and in law, the Honorable Commissioner of Income Tax (Appeals) was not justified in holding that 12.5% of the alleged total suspicious purchases be disallowed. The learned AO had disallowed the total alleged suspicious purchases amounting to Rs. 96,98,939/-. 2. The appella....

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....restricted the addition to the extent of 12.5% of the bogus purchase in sum of Rs. 96,98,939/- works out to Rs. 12,12,367/- but the assessee was not satisfied, therefore, the assessee has filed the present appeal before us. 10. We have heard the argument advanced by the Ld. Representative of the Department and has gone through the case carefully. The Ld. Representative of the revenue has argued that the revenue appeal for the same year i.e. 2010-11 has been dismissed by the Hon'ble ITAT by virtue of order dated 03.02.2021 in which the Hon'ble ITAT has confirmed the bogus purchase @ 12.5% of the bogus purchase, therefore, the present appeal is liable to be dismissed. The copy of order dated 03.02.2021 is on the file in which the relevant ....